Comments on: European Patent Reform Tackles Translation Issues http://www.legallanguage.com/legal-articles/european-patent/ Just another WordPress weblog Mon, 23 Jan 2012 20:32:33 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Luca http://www.legallanguage.com/legal-articles/european-patent/comment-page-1/#comment-4082 Luca Mon, 26 Jul 2010 14:21:03 +0000 http://www.legallanguage.com/?p=3530#comment-4082 A possible solution to the matter of languages for the EU patent could consist in adapting the provisions of the London Agreement on patents (i.e. the agreement on the application of article 65 EPC) to the EU context. Specifically: 1. An EU patent is granted in one or more languages, at least one of which must be English, French or German; 2. Claims must always be translated into English, French and German; 3. An EU patent proposal can be filed in anyone of the 23 official EU languages; 4. A granted EU patent is always enforceable in all EU member states whose official languages include one among English, French or German; 5. Each EU member state whose official languages do not include any among English, French or German, must choose one or more among them, such that: if the languages in which an EU patent is granted include the one chosen (or include at least one among those chosen, in case more than one were chosen), then that patent is enforceable in that member state. 6. A granted EU patent is also enforceable in a given member state if the languages in which the patent was granted include at least one of that member state’s official languages. 7. Independently on the language in which a patent is initially filed, the cost for a single translation into one among English, French or German (chosen by the applicant) shall be refunded by the EU. 8. Independently on the language in which a patent is initially filed, translation costs for the claims into English, French and German shall be refunded by the EU (possibly). A possible solution to the matter of languages for the EU patent could consist in adapting the provisions of the London Agreement on patents (i.e. the agreement on the application of article 65 EPC) to the EU context. Specifically:

1. An EU patent is granted in one or more languages, at least one of which must be English, French or German;
2. Claims must always be translated into English, French and German;
3. An EU patent proposal can be filed in anyone of the 23 official EU languages;
4. A granted EU patent is always enforceable in all EU member states whose official languages include one among English, French or German;
5. Each EU member state whose official languages do not include any among English, French or German, must choose one or more among them, such that: if the languages in which an EU patent is granted include the one chosen (or include at least one among those chosen, in case more than one were chosen), then that patent is enforceable in that member state.
6. A granted EU patent is also enforceable in a given member state if the languages in which the patent was granted include at least one of that member state’s official languages.
7. Independently on the language in which a patent is initially filed, the cost for a single translation into one among English, French or German (chosen by the applicant) shall be refunded by the EU.
8. Independently on the language in which a patent is initially filed, translation costs for the claims into English, French and German shall be refunded by the EU (possibly).

]]> By: Chris Breach http://www.legallanguage.com/legal-articles/european-patent/comment-page-1/#comment-3865 Chris Breach Wed, 21 Jul 2010 16:35:03 +0000 http://www.legallanguage.com/?p=3530#comment-3865 Thanks for sharing this information. We're always looking for smart resources to share with clients and my coworkers, and this post is definitely worth sharing! Thanks for sharing this information. We’re always looking for smart resources to share with clients and my coworkers, and this post is definitely worth sharing!

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